Frequently asked questions relating to Skewen leasehold conveyancing
Helen (my wife) and I may need to sub-let our Skewen ground floor flat temporarily due to a new job. We used a Skewen conveyancing practice in 2003 but they have since shut and we did not think at the time seek any advice as to whether the lease prohibits the subletting of the flat. How do we find out?
Notwithstanding that your previous Skewen conveyancing solicitor is not available you can review your lease to see if it allows you to sublet the property. The accepted inference is that if the deeds are non-specific, subletting is allowed. Quite often there is a prerequisite that you must seek permission via your landlord or some other party before subletting. The net result is you not allowed to sublet without first obtaining consent. The consent should not be unreasonably turned down. If your lease does not allow you to sublet you should ask your landlord for their consent.
Having checked my lease I have discovered that there are only Seventy years left on my flat in Skewen. I need to extend my lease but my freeholder is missing. What options are available to me?
On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the magistrate. You will be obliged to demonstrate that you have done all that could be expected to track down the lessor. In some cases a specialist may be helpful to try and locate and prepare an expert document which can be accepted by the court as proof that the landlord is indeed missing. It is advisable to get professional help from a property lawyer in relation to proving the landlord’s absence and the vesting order request to the County Court covering Skewen.
I have just started marketing my garden flat in Skewen.Conveyancing lawyers have not yet been instructed but I have just had a half-yearly maintenance charge demand – Do I pay up?
The sensible thing to do is discharge the service charge as normal because all ground rent and service charges will be apportioned on completion, so you will be reimbursed by the buyer for the period running from after the completion date to the next payment date. Most management companies will not acknowledge the buyer unless the service charges have been paid and are up to date so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.
I am hoping to put an offer on a small detached house that appears to meet my requirements, at a great figure which is making it more attractive. I have since found out that it's a leasehold rather than freehold. I would have thought that there are particular concerns buying a leasehold house in Skewen. Conveyancing lawyers have not yet been appointed. Will my lawyers set out the implications of buying a leasehold house in Skewen ?
Most houses in Skewen are freehold rather than leasehold. In this scenario it’s worth having a local conveyancer who is familiar with the area can help the conveyancing process. It is clear that you are buying in Skewen in which case you should be shopping around for a Skewen conveyancing solicitor and check that they have experience in dealing with leasehold houses. First you will need to check the number of years remaining. As a leaseholder you will not be entirely free to do whatever you want with the house. The lease will likely included provisions such as obtaining the freeholder’spermission to conduct alterations. You may also be required to pay a service charge towards the upkeep of the communal areas where the house is part of an estate. Your conveyancer should appraise you on the various issues.
What advice can you give us when it comes to finding a Skewen conveyancing firm to deal with our lease extension?
If you are instructing a conveyancer for your lease extension (regardless if they are a Skewen conveyancing firm) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We suggested that you make enquires with two or three firms including non Skewen conveyancing practices prior to instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions could be useful:
- What volume of lease extensions has the firm carried out in Skewen in the last year?
I invested in buying a garden flat in Skewen, conveyancing formalities finalised in 2003. Can you please calculate a probable premium for a statutory lease extension? Comparable properties in Skewen with over 90 years remaining are worth £181,000. The average or mid-range amount of ground rent is £50 invoiced annually. The lease comes to an end on 21st October 2095
With just 69 years remaining on your lease the likely cost is going to range between £8,600 and £9,800 plus professional fees.
The figure that we have given is a general guide to costs for renewing a lease, but we cannot give you a more accurate figure without more comprehensive due diligence. You should not use this information in tribunal or court proceedings. There are no doubt additional issues that need to be considered and you obviously want to be as accurate as possible in your negotiations. Neither should you take any other action based on this information before seeking the advice of a professional.
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